Thursday, March 10, 2011

Divorce as a metaphor

Cross posted with gooseandganderreport.wordpress.com

Scorched earth divorces, as discussed in the book, Divorced from Justice, start out by the spouse with deep pockets (SDP) and cutthroat attorneys cutting off the innocent spouse from any financial support. Then, SDP's attorneys throw every stalling tactic, legal (and not so legal) maneuver, and obfuscation at the innocent spouse. As her attorneys fend off the various maneuvers, her legal team runs out of funds.

While on paper, there are protections in place to protect the innocent spouse, the reality is quite different. Attorney Penelope Bryant wrote about coercion (see http://tinyurl.com/4t8pjbc) and the long-lasting, devastating effects on the spouse and her children.

I have been told that I should describe myself as an undocumented victim of domestic violence. Undocumented because like many others, my divorce court has routinely denied enforcement of domestic violence laws since my abuser is the one with deep pockets. So, even though I've attempted to just move on with my life after 26 years of marriage, my Ex has repeatedly used the court to deny me my rights to my share in the assets from the marriage at the same time he's forcing me to take his extortion debt, take his lavish vacation debt (think Bonaire, Islemorada, and Vail) and debt taken to hide his asset-hiding.

As I am struggling to fight back against my Ex, who took the entirety of the retirement assets, dissipated the value of the marital home by over $100k, and has tried to incarcerate me on several occasions for failure to pay utility bills in the dissipated house (think holes in the roof, kicked in doors, and broken boiler) even though I am financially destitute due to his court maneuvers, I can't help but think about how these scorched earth divorce tactics are similar to the seizing of assets and power by political bullies, most recently the GOP in Wisconsin.

As I struggle to fight total financial devastation and probable homelessness, my personal Patronus (think Harry Potter) is to channel Luke Skywalker trying to shoot the death star, in the first Star Wars movie. As he is being shot at by the Evil Empire's fighters, Luke channels the Force as Obi-Wan Kenobi implores him to focus using the force, to shut out the distractions as he focuses on the target he must take out in order to save humankind.

As citizens are attempting to fight against the takeover of our country by corporations (think Wisconsin and the Koch brothers), I think about the similarities between scorched earth divorces and the disenfranchisement of our workers, families, communities, and country.

First, the corporates took away many of our rights when they changed bankruptcy laws, allowing credit card companies (think Bank of America) to charge loan shark credit card rates and policies, then they reduced funding to such an extent to legal assistance programs that those programs still remaining had few resources to make a difference. The corporates bought out SCOTUS (think Bush v Gore), are trying to control access to the Internet, and ignore open meetings acts, and have used the government for unfettered attacks on whistleblowers.

They want us to believe that we have no option but to comply. Therefore, we must figure out ways to fly under the radar and cover the backs of those who still have resources to fight peaceful yet effective battles.

In order to survive, to preserve any shred of decency and life, we must prioritize and focus, yet decentralize our peaceful attacks. We need hundreds of wikileak-type sites. While we decentralize, we need to find ways to share resources to enforce ethical laws and practices.

More later... I have to get back to fighting my own legal battles. I am still not out of the woods in my own divorce. My Ex continues to stall, obfuscate, submit frivolous motions with perjured affidavits and has so far prevailed in the court system.

In the meantime, even if you feel you have no energy to fight these battles for common decency, talk to your neighbors and find ways to pool and stretch your energies. Our children are relying on us.

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